Protecting Your Rights, Defending Your Future

The high cost of driving under the influence of marijuana

On Behalf of | Sep 28, 2023 | Criminal defense, Drug Crimes, DUI Defense | 0 comments

While we all know that you should not drive under the influence of drugs or alcohol, sometimes mistakes happen. One mistake should not mean the end of your driving privileges or your clean record.

If law enforcement arrests you for driving under the influence of marijuana, or cannabis, it is critical to know the following:

  • In Illinois, it is illegal to drive under the influence of marijuana.
  • The state has a zero-tolerance policy for drivers under twenty-one who drive under the influence of marijuana.
  • For drivers over twenty-one, the legal limit for THC, the active ingredient in marijuana, is five nanograms per milliliter of blood.

Penalties

Penalties for driving under the influence of marijuana are harsh and costly, but they vary depending on your age, whether it is a first infraction or subsequent infraction, and the case’s specific circumstances.

First DUI

Even though some people believe that much more lenient in first DUI cases, if the state charges and convicts you of a DUI for the first time, you will most likely face suspension of your driving privileges for 6 to 12 months, a hefty $2,500 fine and up to one year in prison.

Subsequent DUIs

For a subsequent DUI, you will likely face a suspension of your driving privileges for 2-3 years. Your fine will be much larger, and you may face up to 3 years in prison. You could also face mandatory drug-related counseling and drug treatment through a rehabilitation facility and community service.

Beyond a second DUI, the penalties get worse, and you face the suspension of driving privileges for many more years with no option to appeal or get restricted and conditional driving privileges.

Driving under the influence of marijuana is a serious crime in Illinois, and the state harshly punishes the people it convicts. However, it is critical to understand that you have legal rights and protections under the law, including the right to an attorney and the right to fight the state’s charges against you in a court of law.